Legal Question in Personal Injury in California

As far your car goes: they are responsible to pay you for the LESSER of either (a) the cost to repair your car, OR (b) your car's fair market value at the time of its loss (NOT the amount you paid or borrowed at the time you bought it).

Sometimes when a car is "totalled," its value is less than the amount outstanding on the loan. People sometimes buy a kind of insurance to cover this "gap" which is not surprisingly called "gap insurance." Without gap insurance, a person can get left owing money on a car which they no longer have, and no insurance will be responsible to cover it.

In your case it looks like at least you don't have a "gap" situation, but the insurance company is correct in paying you roughly Blue-Book value for a total loss. They're not usually very wrong about car values. No, they don't have to pay for the car engine (except insofar as it might slightly increase the market value of the car). Neither do they have to pay for your recent registration.

Other property damage issues are separate. Yes, they must pay for the child car seat. Three days' rental sounds like too little. They are responsible for your rental expenses OR the "loss of use" value for your time without a vehicle (which is about the same, roughly $25-$35 per day) UP TO the date they made their total loss offer, plus two or three days.

The bottom line is that people usually get at least a little bit screwed on property damage by opposing insurance companies in auto cases, sometimes a lot. It's not quite as bad if you have your own collision coverage--even then it can still be bad, just not as much. That's why I tell people to buy as much insurance coverage as they can afford: collision, rental, medpay, uninsured motorist--everything!

Lastly, don't forget your rights to PERSONAL INJURY damages. Go see a doctor! If your child was in the car, have him/her checked out too! The insurance company obviously won't do you any favors, so don't do them any favors either--make them pay every dime you can squeeze out of them. Don't suffer in silence--DOCUMENT your injuries with medical reports and MAKE THEM PAY. If necessary, LAWYER UP.

Have you contacted a lawyer yet? If not, you are likely hurting your case! Time is of the essence, and the sooner you show the insurance company that your serious, the better. Call me toll-free for a no-obligation consult: (877) LION FOR LAW (546-6367 or email [email protected]